Ex parte HAWKINS et al. - Page 13




          Appeal No. 1997-1349                                                        
          Application 08/520,629                                                      

          the end point “c”.  However, while we agree that changing the               
          configuration in Fig. 1A to that of Fig. 1C requires sliding                
          the mounting element in rail 7, we note that Kunii’s Fig. 1C                
          alone shows the open or closed position without using the                   
          slidable feature as recited in Appellants’ claim 24.                        
          Therefore, we conclude that Kunii’s mounting assembly is an                 
          integral, single piece, member allowing the display to open and             
          close while the mounting member remains at one end of the                   
          housing in a substantially non-slidable manner.                             
               Appellants on pages 8 and 9 further argue that Kunii does              
          not suggest any reason for the modification to the hinges when              
          the display is closed.  Appellants point out that Kunii’s                   
          mounting assembly is configured such that the modification to               
          obtain a non-slidable connection for opening and closing the                
          display without sliding the mounting assembly would have been               
          impossible.                                                                 
               The Federal Circuit states that “[o]bviousness from [prior             
          art reference] would follow, ipso facto, if [prior art                      
          reference] anticipates.”  RCA Corp. v. Applied Digital Data                 
          Systems, Inc., 780 F.2d 1440, 1446, 221 USPQ 385, 390 (Fed.                 
          Cir. 1984), citing                                                          

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